In this writ petition seeking delivery of a sale certificate without reference under Section 47-A of the Indian Stamp Act, the court closed the petition as infructuous. The second respondent had submitted that the deficit duty was paid and the original document was returned to the petitioners.
Petition closed as infructuous.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.02.2021
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P.NO.13462 OF 2016
1.Vallurupalli Prabhu Kishore
2.Vallurupalli Varun Dev ... Petitioners
Versus
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to deliver the Sale Certificate registered as Document No.156 of 2016 within a time to be fixed by this Hon'ble Court without making any reference under Section 47-A of the Indian Stamp Act.
For Petitioners : No appearance For Respondent – 1 : Mrs.A.Madhumathi Special Government Pleader 2 : Mr.P.P.Purushothaman Government Advocate
O R D E R
This Writ Petition is filed for issuing a Writ of Mandamus directing the respondents to deliver the Sale Certificate which registered as Document No.156 of 2016 within a time to be fixed by this Court without making any reference under Section 47-A of the Indian Stamp Act.
officer in their favour. Though the sale certificate was registered, it appears that an attempt was made by the second respondent to defer the document namely the sale certificate for collecting deficit stamp duty by initiating proceedings under Section 47 A of the Indian Stamp Act. Hence the petitioners came with the present writ petition.
Accordingly, the writ petition is closed as infructous. No
costs.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
bkn
To
1. The District Collector,
Office of the District Collector,
Nilgiris District.
2. The Joint Sub-Registrar,
Udhagamandalam,
Nilgiris District.
+1cc to the Government Pleader, S.R.No.8267
W.P.No.13462 of 2016 EV(CO) CS/23/06/2021
1 issue framed by the court
Whether the writ petition filed for delivery of the Sale Certificate became infructuous after the deficit stamp duty and registration charges were paid and the document returned to the petitioners.
2 provisions across 2 enactments
Vallurupalli Prabhu Kishore
Vallurupalli Varun Dev
The District Collector, Nilgiris District
The Joint Sub-Registrar, Udhagamandalam
S.S.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
